SUPREME COURT.

Star (Christchurch), Issue 20, 5 June 1868, Page 3

SUPREME COURT.

CRIMINAL SITTINGS, Tiwhhmv, Jhnm a. (Boforo Mr Justlco GrcfiHOti,) Tho Court ro-iiUHomliloil ftt hftlf-p«Ht flnfl o'ulook' Clmrlcn Maroua WalttfWd deponed to tlio correctness of llui plan of Mm JJoyward'» liouwcj «nd John Jtlehnrd Glbbs wan recalled, and pointed out tlio door by which Frlnby, .Mrs Iloyward, am! hiniflolf had ciitoi'i'd on thonJghfc In qncHtloiii It wm by tho nurnu ono which MoriHglmti c/uno out and stabbed Iho deceived, WHllam Korr, a lnbonror, ro»l(Hn« in Qhrlfltfihuroh, corroborated OHbbn' flvi<lv,n<!«, Sarnh Iluywnrd, tttuiodi I am tlio wlfu of .William JJeyward, labourer, Mon/i^lum hnd boon kccpltia mo lav about nlno mouths be fore Mttfflli m«t, and wan tbou living in my liodfio. Ho go l()llt; of 1)0(1 to npoak to Frjfdjy nnd Olbbfl, nn 1 said they wore f Hondo of mine, who wore going homo in the Mollta, nnd I iivlnlicd thum to <ico my boya, and toll my father at homo how I am Rltuntod. Monn«lmn mild to mo that ho who ninprinud at my doing out bo Into. II(> drunk with them, h'foby told him ho wan going homo in tho Mrlilit, and had come to wo 1110 find Hit) hayn. i then fluid to prisoner, "I am goln/f to iipoak toFrlflbv." rrluonor uald, " I don't want, you out no lato at night." X uald, " l (< ) ihby, or (Jibbn, If you arc Rolng homo, boo my futhor, and toll him hovr lam Hltuntod," Thin liapponod at tho Htop oJ! the front door. It was whllo I wa« Bianding thoro tliat Monnj/luin ctdUid mo in, and I wont to hud, A!of<f<{(linti went out o£ tlio liouho with nothing on him but bin wlilrt, IJo wan not in tlio Ikmiho when 1 wont to bod, On my oath, Ido not know whoro ho had gono, '"'"Win Honor (ifluid nob bollovo otlicrwißo than that tho witncaH wiui trifling wlilt the truth, blio wan running iv very great rl«k of being triod in tlmt dook for perjury, /* KxaminnUou coivinued ; I eumot; reool* lect whcthui' Moiuigliim onmo out in lilfl nblrt wlillo 1 wun l«!klng to iiYlnby >md Olblw 1 lie might huro dono ho, On tho evening of tin; (HI) of March, when I went out, I miw lying on tho drcoMng table tho knife produood, Monagban didn't throaton anybody, I «woar that 1 loft Mona^haii, Glblin, and IfrUby in tho kitchen when I wont to bad j lam quite certain oC that. Thoy nppciirod to ho on friendly tormn. I heard a Horaun m llu^li it camo from tho bottom of tho rlght-of-w ''/, iibout ten mlnutcu afterwanln, 1 never mw MoniiKlmn rtftcr leaving him standing wlili JfrUby and Qlhbn In tlio kitohon until 1 mnv him next morning, at tho Volico Court, 1 nivcnr 1 didn't hoar Krl»by or Glblm miy a word wliun Monughan threatened mo, ' CroBM-oxaminedj I loft home hotwoen fl and 7on tho ovenltig of tho fltli. I told Monag* hail that I hlkkiM not ho amiy mora than nn hour or an hour iind-a-half. Jt'rl»by and pi l)l)ii miido Improper propoHiilo to mo tlmt rercning, und juot oulßldo tlio door of my liouho by Frlnby, Monaghan tmi«i, lihto licurd It or I don't think ho would imvo boon no oxultcd. Frisby und GibbH wcro about lmlf'im-houi' in the houno. As wo were going along tho roud towardfi my liouho, Krloby fluid to Kori* Hint ho didn't want him, I never raw Jfriiiby vr Gibb» interfering to provont Monnghan from striking mo, to Die bo»t of my recolloctlon, "Iliß Honor—You must recollect, Mrs lleywnrd, that tlio wordn "to tho Ixmt of my recollection " will not wavo you from a prone(jullon tot perjury. ' Crofld-oxumlnailon continued 1 I don't reoolloot being boiiind CJlbta when AtonriKlKtn waa thro»tcning to ntrlkc mo, I did not Bpcnk to FrhhrnflGt ho iX'Ujnied to pivo tho nutfl to tlio duldrei), or at tho timo bo did »», He-examined ! 1 ilid not in tho Mnß-lnimlc'ti Ooiirt »pi>ak of Frlnby nnd Glhbtt trying to tnko Jmjirojior llbt:rtic« with me, I, told Monnglmn of It, 1 told Pr Poater a fort night ago, The drink w«h not token into ilio budroom, [A portion of witness' deponitii)))n weru read, in which nho mated that oho Wnt into tho bedroom wliuro Monajthiin nnfl, nnd t)iat J lVl»by followed, and they hud notno drink,] Hy a Juror i I hud known Goorgo l?v)nhy <md hlfl falliei' in England. Jfrisby and Glbba Jjnd tliroo fjlatmoß of liquor wltii mo In the Oiftflßow Arm* while I wan thcrcii ' TTli» Honor, in reply to an application prev{o\wly mivdo by Mr l)uu<!(Ui,mUd ho would «<i((«id<!P wlwtiwe ha would aommlt Mm Jioy. wwi toy iwrlnvy. ~ Willinm Cbnrioa sJoywanJj 1 was In bed wbr>n my motijor nnd two man camo homo, ffdcntiiicß <iil)l)H,T Moiingimn w«« In ))<?d. My mother m\w Into the house flrflt, IfriHby twxt, ««d then Qlbba. Tlioy wont into tho

kitchen, and thon into tho bedroom whoro Monftghau wan. Thoy begun chatting with oa«h other, unil Frinby wantoil Monaglinn to id rink. Monaghan drank about 10 minutes In f i or being asked, I think thoy wero in (he •bedroom with Monagliau about ft quarter of an hour, Glhbfl wont out of tho houso first, Frlsby followed, ami my mother after. My brotbor went out, and I followod. My mother wont v llttlo of tho road with Frixby and GlbliH, mid thon Monaghan camo out and told her to comoin, Hho frnld " All right," and turned linclc, and ho dldFrisbyandGibbs. Monnghan had returned to bed. My mother, Frisby, and Gibbs chatted outsido tho house, a few yards from tho door, Thon Mouaghan cunw. out and stopped at tho door, He fluid to my mother " Corn© in Sarah,' olso I'll striko you," Ho went back to, bod, and my mother followod him, Frisby and Glbbn | wont away again, and camo back, TUcy cumo into tho houso iigititt and gave mo riul my brotlior a pcivr imd HOmo Jiut«. Thoy wont iivwuy, cftmo luvo.k, nnd went out again-' EWflby, MonngJmn, and Gibbß together, an-l Uugnn nunrrt'llinff. Ho had tho knifo in \\U hand; ho had junt flnlslicd cutting up sorno lobacco, l?rl»by atruck Monnghan with his (Ist ftomowhero on tho arm > thon Monaghan told him to ga homo, saying it was quite time for any man to bo at homo, After Monaghutt was Btruok tho nooond time, ho snid "If you rttrlko mo again, I will put this kulfo In you." Frlnby hit him again «omo plaoo on tho back. 'I'Jion prisoner went at him, and put tho knifi; In him. Monnghnn then ran nwny, and Friflby flung out '* Oh, J)iok, I'm Blabbed," Prisoner ran away over Mr Nl«h«l'u foncoi My mother w«e dreflflhig at tho timo of tho ficufflo, Whon sho eamo out, Frlribv was lying at Mr Fraßor's corner. I ««w Monnghnn tako tho knifo off tlio drc*B-fng-trtblo. Monagban jumped OYcr Uw fottw after thoy had tftkon Frlflby to tho hospital, nnd looked in nt tho window. My br ther said " Ilulloli, 2)111, thero'A nobody in." Moiiiifib/in Uicn camo in, droßSod him«df in bis host oloihoo and tied up nonic bliuil«'t«. Ho told us to go 'and l.iok for our mother and bring her homo, Wo did m and ho wan gonu when w« returned, Tho knifo nromicod i», 1 think, tlio knifo Monaghan had. A» near na I can gtieafl, I think about thirty nilnutcn fllnpnod between tho timo of Mouaghuu's taking tho knifo oil! tho table and stabbing Krisby, Tho Court thon adjourned until 10 o'clock next morning, Jj'jUDAY, JUMM 5, Ills Honor took Ma seal; on tho Henelt ivt ton o'olook prcolsoly, uvnmm, Tlio trial of William ilonry Monaghan, for tho murder of Georgo Frisby, was resumed. William Charlofl Hoy ward recalled : It was aftor Monaghan said to my mother that lie would striko her that sho went to bed, Monnghan wont to bod about n minute before, KrlHby and Gibbs woro outaido tho Iwuso at this timo, Thoy oamo into tho houso by tho front door, . about threo minutoa after my mother went to hod, Tlio door was half opoti at tho timo. They camo into tlio kitchen, ITriflby went into tho bedroom, when lio gavo us tho nuts and pooro, frst lighting lilh plpo at tho lamp,' Gibbs followod him Frinby asked Monaglum to havo a drink, and prisoner said » No j I don't drink anything strong at all." At this timo my 'mother was sitting on tho eido of the liod, Sho only had hor petticoat on, sho hadn't been in bed that I know of. ("/Hie witness repeated portlonfl of tho cvidcnciwhich ho had given on tho previous ovoning] kMonaghan mild to them that they would obllgo him if thoy would go home. Frisby .fiiil.l ho had an much right thcro us bo hud, Thoy didn't go out immodiutoly, but di<i so in a llttlo timo. Monaghan wont to tho door » f tor thorn to flhut it, Frlsby mud ho hud an much bufdncflH in tho houno as Monnghan, My nutlhot' cried out from bed "don't quarrel 'vlth thorn, Bill, thoy nro only my friends." 'nnaglmn naid, " You dry up, I'll do what l-Mmsoj tlioy aro nothing to you," Frlsby wivi GlbbH took hold of, Monaghan by tio fhandfl and pullod him out upon tho grass, Moiittghan wa» trying to got away from them, lio had tho knifo in hia hand, and thoy were him by tho wrists, IJo then mild, " Tho first I) ymnn touches mo, I'll put uhlii knifo in him," Thon Frlnby struck jilmi with his ilut on tho nrm, Monaghan thin >»ld «' You daro striko mo again," Frlsby hi ruck him on tho back twice, and thon Monajjlmn made a drive at lilh client, witl> tlioloillc. Ah ftoou iih he did thin, ho ran away, and Glblm ran aftor him, Frlsby didn't utiomjit to run. GJbbn ran down tho I>lucolii \i<m\ t but lost sight of Moniiglian, who junipoil over Nicola' fuueo. I didn't eeo my mother go out of thi) lioiiho before Frloby wbb stnbbed. Bin: did flo afterwards. lam qulto suro thai Kcrr was standing along with Monnghan when. Krinby was stabbed, lio took no part in the sculllo, bo i'ar au I flaw, My mother might h«vo boon between tlio door and the place ai whiiih I wiw stiinding, but I didn't wo hor In front of mo nt the timo of tho scn/llu., Supposing my mothor had bcon nt tin: door, n))i> oould not iiavo been ho near dllbbrior l'"ri»by at tho timo he \v«h stubbwl, as I am to ! Mr Duncan, Hhe must liavo boon flvo yards (iw«y. When Monnghan roturnod to tho liouho, after ho stabbed Frluby, 1 nnlri to him tliat bo hnd stabbed Ui'rloby, and lio mild, ,< Horvo him right." Kcrr fluid to FrUby atul Gibbfl, whcti thoy W«r« drawing Mmwßh/ui, ".Don't hurt him; wlint has hodono?" I Htti <l»llo suro that it wasn't till after Mfliin(jhan was dragged out on the graaa ilmt Frisby gavo him tho ilrwt blow, I tun miro tbat It was a moonlight night — Hy ft JuroJ I.'1 .' I was about 3ft from tho door toward* the Lincoln rond boforo Friuby was tabbed. Gibba w«» standing about, a foot off mo fartlior from tho door. Moimklkui nmJ Ji'rJnby woro fltlll f«ftli«p from Ou> Amie. [ hail novur^fleit Vt tiby y Qlnhs ov Korr, or any of tHr^«, J« my moUisy 1 * ))oa»f) buforo ili<ii tilght, I )«u) novor soon tlicm at nil to my knou>)oil/?o. I bavo boon at «crvl«o \\\s Jbo oonniry »inco a fortnight aftvc FrUliy wno Btivbbcd, I ImYfl ))«n £wn nevvlon

(about 6 miles from Sclwyn) flluco <linnor limoon Monday fail, I hava boon living; with my mother since, I liavo not boon cx.j aiultied by Dp Poster. I uaw J)r Foster talking to my mother at the door on tho <hy boforo yesterday, I did not hear what ho said. William Kcrr, re-called : I was not present at tho time Frlsby was Btabbcd. I didn't «e it tho struggle at all. I didn't eco Frisby or Glblm pulling tho prisoner on to tho grass ; I urn positive of that. I didn't say " don't hurt him t what lina ho done ?" Or anything of the kind, While I was waiting on tho road about thirty yards beyond tho house, Gibbs oiiiiio out of tho houso j wo talked together, and wulkcil past it. Gibbs went back for Krlsby, and 1 remained on tho Llnooln Koad till I saw Frinby running after a man, who wufl running from him. I am positivo that was nil i Haw. lam sure thnt tho man who wiin running away wan in ids shirt and without tiounora. I bclUvc that tho man was about ten or flftam yarda from mo, and Frlsby i\ho\\i tins flame distance. Tlioro was suffl.iont light by wliioli to fli'o tho two mon. By n Juror i 1 saw no blown Btruck. By Mr Duncan ; I baw thrco persons (one I of them nwomun) standing outaldo tho homo, about five or six minutes before I saw the man running away. That was after Gibba left mo to bring out Frisby. Jolin JUolmrd Gibbs, recalled: I novcrj took Monaghan by tho wrists or anywhere ol.io at any time on tho night in question. I never pulled him on to tho grass cither by tlio u'FUtfl or otherwiso, nor did Frisby in my prosonoo or to my knowledge, Kcrr vhw not tlioro in tho prisoner's presence, and of course lio did not miy "Dont hurt him; what has lio .dotw ? " or uao words to that effect. MVf was nbout fifteen or twenty yurda from my sell and Frisby when ho (Frlsby) w«s stubbed. Korr wan not stnndintr with Uic p iaoncr when Frlsby vr<is stabbed. I! it liad been stated thtU Xtlihy struck prisoner tho flrat blow on tho arm, it -would not be iruo, It is not truo that Frisby atriusk prisoner on tho nrm t that tho prisoner <Mi<l, •' Daro you to strike mo flgtfn," and Frisby ntrui'k him again, U la not true that he ntruuk Mm twice on Dw baok. Jt is not truo that |irl*toitet* dared him to striko him at nil, It in truo tlint wlicn tho prisoner ran away iftcr ntabbing Friaby, I ran after him, Mro liey ward was not talking to Fclaby and myHcif near a house ft llttlo distance from her own. I did not enter tho house a second time until in company with tho Constable after Krlsby was in tho hospital, It is not true that whllo Friaby was pulling (ho cork out of a bottle of old torn in tho kitchen, Mrs Hey* ward and myself went into tho bedroom. It is not true that I went out and got beer, It in not true that we wont into tho kitchen a second time j that Monughan said to FrUby, " Can I oblige you to go home," and that then I) rlttby said to him, " I have as much right here as you." Ho did not uso such words in m,y hearing, or to my knowledge Dv a Juror : I did not bco tho boy outside at tho timo tho blow was struck. 1 was standing about 8 or 9 feet from the door, ami Mrs Hoy watd w«« behind mo holding my arm at the time tho blow was struck. 1 knew Mrs Hey ward's friends in England, but not herself before that evening. By liis Honor : I did not make improper proposals to her that evening, nor did JTrisby in my presence or to my knowledge. I did not offer her lia or any other Bum, nor did l?rlal»y in my presence, or to my knowledge. J)y a Juror i Mrs Hoy ward hud been behind my back from tho time at which the prisoner mild ho would put the knifo in the llrst b y man who interfered with him. Tho boy lying in bed could not too all that went on in the bedroom 5 ho might have sucn me, at tho point where I was standing. Patrick Grace : I was a constable of polico in the month of Muroh last, On the night of tho Gth, I was on duty in Colombo street. I knew the houso in which Mrs 1 ley ward lived. From information I receive!, I went to tho hospital about halfpiiflt twolvo o'clock in tho morning. I saw Uibbfl and Kcrr on tho Lincoln Koad. I went to Mrs licyward'n house, and concealed myself outfltto. In about three- quarters of nit hour 1 heard v noise, and went towards tho tilaoe it camo from, and saw prisoner standing by the wall. I took him into custody on tho charge of stabbing George Frlsby. I cautioned him in tho usual manner. He took a luil Co out of hia pocket, and held it in hiri hand, raying" That is tho knifo f stabbed tho man with." I understood him to mean (icorgo Frfeby. Tho knife produced h the Hiiuic, Tlkto were stains Hko blood on the knife when 1 got it; they are on it still, I took particular notice of this slain (points it out). 1 «aw no blood on tho prisoner. He was ■In-sued nt ibo lime t ivmsUed him. There w»» iv ent or bruise on hto nose. There wus a stain on Ills hund when I tonic him to the lock-up, but I cannot stato whether it wiirt a blood stain. Cross-examined by l)r Foster ; Tho knife was Hhut when lie gave it t<> me. I didn't »:iy anything which indited the prisoner to take the knife out of bin pocket. I asked him if he hud any firearms about him, I supposed Hint liD might havoilrcnrm-i «> ohoot iho policeman who arrested him j 1 was partly afraid that lie might have thorn about him. I here U « llMto won) rust on tho knifo now d\w <li<ir<! wjwnt the time tho prisoner gav<s U to mo. Tho Court then adjourned forhiilf-an-hoiir, Mr Duncan ftutiiiß tli;\t h« had twomorowit-nnssi-H, an.i I)r Fo»Ui' Ihivt lio lmd one or two for tho defence.